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2025 DAILYLAW 40885 (RAJ)

YASIN KHAN AND ORS v. MUKESH KUMAR DHAKA AND ORS

CMA/3703/2017 · 2025-01-08

Ashok Kumar Jain

body2025

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[2025:RJ-JP:6676] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3703/2017 1. Yasin Khan S/o Shri Aamin Khan, aged about 43 years 2. Hamidan wife of Shri Yasin Khan, aged about 42 years, 3. Mehraj Daughter of Yasin Khan, aged about 23 years 4. Vasim Son of Shri Yasin Khan, aged about 20 years 5. Yasmin daughter of Yasin Khan, aged about 18 years 6. Najmin daughter of Yasin Khan, aged about 8 years, Minor Through Her Father Yasin Khan, All are residing at Plot No. 1, Near Sitaram Mandir, Ward No. 8, Sahrat, Gangapur City, Sawai Madhopur, Rajasthan ----Appellants Versus 1. Mukesh Kumar Dhaka S/o Shri Bajrang Lal Dhaka, R/o Main Haweli, Hathi Babu Ka Bagh, Kanti Nagar, Jaipur, Rajasthan Driver Of Vehicle No. RJ-18-UC-0007 2. Rakesh Kumar S/o Shri Indraj Singh, R/o 10, Kaun Ki Dhani, P.o. Ajari Kalan, District Jhunjhunu Owner Of Vehicle No. RJ-18-UC-0007 3. H.D.F.C. Agro General Insurance Company Ltd. Through Regional Manager, Regional Office, 3Rd Floor, C-98, Singhvi Upasana Tower, Subhash Marg, C-Scheme, Jaipur (Policy No.2311200552922400000 valid Date 26.07.2013 to 25.07.2014) (Insurance Company of Vehicle No. RJ18- UC-0007) ----Respondents For Appellant(s) : Mr. Shailendra Balwada For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Judgment 08/01/2025 1. The instant Civil Miscellaneous Appeal No.3703/2017 is preferred dissatisfied from award dated 08.05.2017 in Claim Case [2025:RJ-JP:6676] (2 of 3) [CMA-3703/2017] No.220/2014 passed by the Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur. 2. Learned counsel for the appellants submits that the Tribunal has awarded compensation on lower side. Particularly, it committed serious error while computing monthly income of deceased. He further submitted that the appellants are entitled for just compensation. 3. Heard learned counsel for the appellants and perused the material placed on record. 4. On death of Mohseen Khan in an accident dated 01.02.2014 by use of vehicle No.RJ-18UC-0007, a claim petition was filed by parents and siblings of deceased. The Tribunal after considering the evidence on record has awarded compensation of ₹10,07,000/-. 5. A perusal of material indicates that deceased was unmarried and his parents were found entitled for compensation after calculating income as ₹72,000/- per annum and adding 50% as future prospects. The total annual income was calculated as ₹1,08,000/- per annum. The deceased was working in private firm and no document to justify income was filed on record. The Tribunal while considering the educational qualification of deceased has determined the income and there is no perversity or illegality in the order passed by the Tribunal while determining the income of deceased. 6. After considering the impugned order, I am of considered view that the Tribunal has rightly determined the compensation [2025:RJ-JP:6676] (3 of 3) [CMA-3703/2017] and the purpose of accident claim is not to give a bonanza rather award just compensation. 7. There is no ground to admit the present appeal, hence, the same is liable to be dismissed. 7. In view of the aforesaid, the instant civil miscellaneous appeal is hereby dismissed with all pending application(s), if any. (ASHOK KUMAR JAIN),J Monu/S-!